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HomeMy WebLinkAboutReso 084-85 Tullock CUP/SDR NO RESOLUTION NO. 84-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DENYING PA 85-007.1 AND .2 VEACH/TULLOCH CONSTRUCTION INC. REQUEST FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR A PROPOSED BOAT AND MOTOR MART AT THE SOUTHEAST TERMINUS OF GOLDEN GATE DRIVE WHEREAS, Tulloch Construction, Inc. on behalf of Jay Veach, filed Conditional Use Permit and Site Development Review applicants for a proposed Boat and Motor Mart on a 2.5+ Acre parcel at the southeast terminus of Golden Gate Drive (APN 941- 1500-035); and WHEREAS, the Planning Commission did consider said application at public hearings on said applications on July 1, 1985 and July 15, 1985; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission found that the proposed project will not have a significant environmental impact; and WHEREAS, during the course of the July 1, 1985 public hearing on this project, the Planning Commission expressed their collective reservations about whether the necessary findings could be made to support approval of this project, in particular the required finding that the project is consistant with the City's General Plan given 1) the implementation policy to intensity downtown Dublin, 2) the Bart Parking overlay which covers the subject property, and 3) in light of the pending review of land uses within the downtown area by the recently appointed Downtown Study Committee; and WHEREAS, based on their above stated reservations, the Planning Commission directed Staff to return to the July 15, 1985, Planning Commission meeting with a resolution to facilitate their denial of the subject proposal; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; and WHEREAS, the Planning Commission on July 15, 1985, did adopt Resolution No. 85-036 denying the Conditional Use Permit and Site Development Review applications; and WHEREAS, the applicant, Tulloch Construction, Inc., filed an appeal within the prescribed appeal period, of the decision rendered by the Planning Commission regarding the subject proposal; and ~ WHEREAS, the City Council did hear and consider all pertinent submittal information at their regularly scheduled meeting on AUgust 12, 1985; and WHEREAS, the Dublin City Council did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council reverses the Planning Commission's action on the subject project and grants the appeal of TulloCh Construction, Inc., conditionally approving PA-700.1 and .2; and BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby find that: 1) The proposed Boat and Motor Mart retail and office facility is required by the public need to expand the base and variety of available commercial operations located in the city. 2) The proposed uses will be properly related to other land uses, and transporatation and service facilities in the vicinity. 3) The uses, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in'the neighborhood, as all applicable regulations will be met; 4) The uses, will not be contrary to the specific intent clauses for performance standards established for the District in which it is to be located, as the proposed Boat and Motor Mart facility is consistent with the character of the residential district. 5) All provisions of Section 8-95.0 through 8-95.8 Site Development Review, of the Zoning Ordinance are complied with; 6) Consistent With Section 8-95.0 this project, as modified by the Conditions of Approval, will promote orderly, attractive and harmonious development, recognize environmental limitations on development; stablize land values and investments; and promote the general welfare by preventing qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance and which are not consistent with their environmental setting. 7) The approval of the project as conditioned is in the best interests of the public health, safety and general welfare. 8) General site considerations, including site layout, orientation and the location of buildings, vehicular access, circulation and parking, setbacks, height, public safety and similiar elements have been designed to provide a desirable environment for the development. 9) General, architectural considerations including the charater, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting and signing and similiar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. 10) General project landscaping and consideration including the locations, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of lanscaped areas and similar elements, have been considered to insure visual relief to complement buildings and structures and to provide an attractive environment to the public. 11) The project is consistent with the policies contained in the City's General Plan. BE IT FURTHER RESOLVED that the Dublin City Council does hereby conditionally approve said application as shown by materials labelled Exhibit ""and Exhibit" ", on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL PA 85-008 Unless stated otherwise, all Conditions shall be complied with prior to issuance of building or grading permits and shall be subject to Planninq Department review and approval. GENERAL REQUIREMENTS 1 Development shall generally conform with the revised plans prepared by Tulloch Construction, Inc., consisting of five sheets and dated received by the City Planning Department, April 18, 1985, as subsequently modified by the revised site plan also prepared by Tulloch Construction, Inc., and dated received by the City Planning Department on June 6, 1985, collectively labelled Exhibit "A" and on file with the City Planning Department. Development shall be modified to generally reflect the conditions listed below. This approval shall be valid until May 30, 1987. If construction has not coFmenced by that time, this approval shall be void. The short term exterior storage of boats for customer pick-ups shall be limited to the area of the six compact parking spaces at the north west corner of the proposed structure. Said exterior storage shall be allowed for a period of one year commencing with the initial occupancy of the Display and Showroom portion of this building or until December 31, 1986, whichever occurs first. Subsequent use of short term exterior storage of boats for customer pick-ups may occur only if a new Conditional Use Permit covering that activity is secured. 2 Comply with the City of Dublin-Site Development Review Standard Conditions and the City of Dublin-Police Services Standard Commercial Building Security Recommendations. A lighting schedule for this project shall be supplied for review and approval by the Dublin-Police Services. ARCHAEOLOGY: 3. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, andthe City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. ARCHITECTURAL 4. Elevations and examples of exterior colors and materials for buildings and structures shall be subject to final review and aproval by the Planning Director, to facilitate thatreview, the following shall be provided a) a final color and materials pallet shall be prepared by the developer for review and approval by the Planning Director, b) Ail ducts, meters, air conditioning equipment and other mechanical equipment, whether on the structure, on the ground, or elsewhere, shall be effectively screened from view with materials architecturally compatible with the main structure, c) The ribbed concrete panels proposed adjoining roll-up doors shall be modified to be a single width, being the width of the panel lying above the roll-up door, d) HVAC screen and colors shall be designed to utilize materials,.forms and colors, as feasible, compatible with the architecture of the building. BASIS FOR RELEASE OF OCCUPANCY: 5. Prior to release of occupany all the following shall be accomplished: a) Ail improvements shall be installed as per the approved drainage and grading plans. b) Grading of the sUbject property must conform with the recommendations of the soils engineer to the satisfaction of the City Engineer. c) The following shall have been submitted to the City Engineer: i) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. ii) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. iii) A declarationby the Project Civil Engineer and Project Geologist that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports and the approved plans. DRAINAGE: 6. Roof drains shall empty onto paved areas, concrete swales, or other approved dissipating devices. 7. This area is within Special Drainage Area 7-1 of the Alameda County Flood Control and Water Conservation District and is subject to the conditions of District Ordinance No. 53. Any applicable condition of said ordinance will be imposed at the time of issuance of building permits. Site does not appear to be in an excluded area. DEBRIS: 8. Measures shall be taken to contain all trash, construction debris, and materials on- site until disposal off-site can be arranged. The developer shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction period. Developer shall be responsible for corrective measures at no expense to City of Dublin. DUST: 9. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-pallative measures used, to prevent dust, as conditions warrant. EASEMENTS: 10. The developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements required outside of the land division. Copies of the easements and/or rights-of-entry shall be in written form and be furnished to the City Engineer. An encroachment permit from the Alameda County Flood Control and Water Conservation District must be secured for any work proposed within the adjoining flood control easement. 11. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to the issuance of grading or building permits. These easements shall allow for practical vehicular and utility service access for portions of the subject property. EROSION: 12. Prior to any grading of the site, and in any case prior to filing a Final Map, a detailed construction grading plan (including phasing); and a drainage, water quality, and erosion and sedimentation control plan, for construction and post-construction period, prepared by the Project Civil Engineer and/or Engineering Geologist; shall be approved by the City Engineer. The plan shall provide for all reasonable efforts to insure that no increase in sediment or pollutants from the site will occur. FIRE: 13. Prior to issuance of building permits, the developer shall supply written confirmation that the requirements of the Dublin San Ramon Services District Fire Department have been, or will be, met. The developer is referred to the letter from the fire department regarding this project dated February 4, 1985. GRADING: 14. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk..Public utilities, Cable TV (as necessary), sanitary sewers, and water lines, shall be installed in a manner which Will not disturb the street pavement, curb, gutter and sidewalk, when future service connections or extensions are made. 15. Grading shall be completed in compliance with the construction grading plans, Soil Engineering recommendations as established by a soil and foundation study prepared for this project (subject to review and approval by the City Engineer), and by the approved erosion and sedimentation control plan. Grading shall be done under the supervision of the Project Soils Engineer and/or Engineering Geologist, who shall, upon its completion, submit a declaration to the City Engineer that all work was done in accordance with the recommendations contained in soils and/or geologic investigation reports covering this site and the approved plans and specifications. Inspections that will satisfy final subdivision map requirements shall be arranged with the City Engineer. 16. Any grading on adjacent properties will require written approval of those property owners affected. 17. Where soil or geologic conditions encountered in grading operations are different fr°m that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of soil expansion, liquefaction settlement, or seismic ground shaking. IMPROVEMENT PLANS, AGREEMENTS, AND SECURITIES: 18. All improvements within the public right-of-way, including curb gutter, sidewalks, driveways, paving, and utilities, must be constructed in accordance with approved standards and/or plans. 19. The Developer shall enter into an improvement agreement with the City for all improvements. 20. Copies of the drainage plans, indicating all streets and drainage facilities within the subject property shall be submitted at 1"= 400-ft. scale, and 1"= 200-ft. scale for City mapping purposes. LANDSCAPING AND IRRIGATION PLANS 21. A revised landscape and irrigation plan, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. The plan shall reflect a 3' to 4' shift of the proposed structure to the west to allow additional room for landscaping at the base of the east elevation of the building. 22. A minimum of ten (10) 24" to 36" box specimen trees shall be planted property's southern boundary (Highway 580 frontage). Tree selection for plantings along the south side of the building shall be carefully selected to obtain fast to moderate growth with a vertical growth pattern and year round foilage. 23. The design and placement of service areas and utility boxes shall be compatible with the site's overall design and landscaping and shall be subject to review and approval by the Planning Director as part of the Landscape and Irrigation Plan. 24. The developer/owner shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement (attached). A two-Year maintenance bond shall be provided (equal to 10% of the cost of materials and installation of the landscaping and irrigation). 25. Landscape and irrigation plans shall be prepared and signed by a licensed landscape architect. 26. Landscaping along the north and east boundaries shall compliment existing adjoining landscaping ass regards plant selection, location and finish grade level. Landscape plans for this project shall include details of the existing landscaping of the two referenced adjoining landscape areas. LIGHTING 27. Light standard details including photometrics that indicate footcandle distribution, shall be submitted. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties or Highway 580. Lighting used after business hours shall be minimized to provide for security needs only. PARKING 28. The developer shall provide a parking and stripingplan showing stall sizes and small car, handicap and employee parking areas and their related signing. A double stripe pattern shall be used. The seven parallel parking spaces at the south west portion of the project shall be used as assigned employee parking. 29. The parking amount and the basis of the calculations as they relate to the City's Parking Ordinance, shall appear on the site plans. 30. Any modifications proposed to the approved parking plan resultingfrom removal, modification or movement of entry or service area roll-up doors shall be subject to review and approval by the Planning Director. PUBLIC IMPROVEMENTS: 31. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 32. The parking and driveway surfacing shall be asphalt concrete paving. The City Engineer shall review the project's Soils Engineer's structural pavement design. The developer shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. The Developer's soils engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the developer shall have soil tests performed to determine the final design of the road bed. 33. An enroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. 34. Developer shall be responsible for installation of street light standards and luminaries of the number design, spacing, and locations as approved by the City Engineer. 35. Street trees, of at least a 15-gallon size, shall be planted along the street frontage. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Planning Director. Trees planted within, or adjacent to, sidewalks shall be provided with root shields. SIGNAGE: 36. All signs shall be subject to review and approval by the Planning Director prior to installation. 37. One freestanding sign may be developed for this project. The freestanding sign shall obServe a minimum setback of ten feet from Golden Gate Drive, shall not exceed a maximum height of twenty (20') feet or a maximum area of 120 square feet double-faced (or 60 square feet single-faced) and shall be located between the street and the structure. 38. If illuminated, approved freestanding the sign, and any illuminated wall signs visible from Highway 680, shall be connected to an automatic time which shall be utilized to turn off the sign illumination off daily from 11:00 p.m. to 5:00 a.m. A tenant sign program shall be prepared and submitted for review and approval by the Planning Director in conjunction with the application for building permits. The tenants obligation to conform with the approved tenant sign program shall be incorporated into the individual tenants lease agreements as a binding tenant requirement. Tenant signs shall either be of one uniform length or shall have the length ties proportionately to the width of the respective tenant lease spaces. No sign, or portion thereof, shall exceed a height of 18 feet, with the exception of wall signage on the western 24 feet of the structure where wall signage with a height greater than 18 feet may be permitted upon submittal and approval of a Site Development Review application pursuant to Section 8-95.0. 39. Signage on the service doors shall be a uniform size, design and placement and shall be subject to review and approval by the Planning Director. STORAGE AND EXTERIOR ACTIVITIES: 40. Except for the short term exterior storage of boats for customer pick-up to be established at the northwest corner of the building uncovered and unscreened outside display or storage shall not be allowed (including any display of or servicing boats within parking or driveway areas). Any areas proposed for development as screened storage areas shallbe subject to review and approval by the Planning Director as regards their design, location, building material and use. No loudspeakers or amplified music shall be permitted outside the enclosed structure. TENANT OCCUPANCY REVIEW: 41. All tenants occupying the subject building shall be subject to review and approval by the Planning Director to verify compatibility of said uses with existing tenants and Zoning District requirements and to determine the adequacy and distribution of available parking. TITLE: 42. A current title report and copies of the recorded deeds of all parties having any recorded title interest in the property to be developed and, if necessary, copies of deeds for adjoining properties and easements, thereto, shall be submitted at the time of submission of the drainage and/or grading plans to the City Engineer. UTILITIES: 43. Electrical, gas, telephone, and Cable TV (as necessary) services, shall be provided underground to each lot in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, and sized to meet utility company standards. 44. Prior to the filing the grading or building permits the developer shall furnish the City Engineer with a letter from Dublin San Ramon Services District stating that the District has agreed to furnish water and sewer service to the development. 45. The location of any padnDunted transformers shall be subject to approval by the Planning Director. Generally speaking, such transformers shall not be located between the street and the front of the proposed structure. WELLS 46. Known water wells without a documented intent of future use are to be destroyed prior to any demolition or grading in accordance with a well destruction permit obtained from Zone 7 of the Alameda County Flood Control and Water Conservation District. 47. The materials used for pedestrian walkways throughout the site and along the storefront areas shall be of a uniform design and shall be subject to review and approval of the Planning Director. Those portion of walkways adjoining parking areas shall be raised 6" above the parking/drive aisle surface. Handicap access depressions shall be provided for as necessary. 48. The means of handling'garbage storage and pickup shall be detailed at the time building permits are requested. To the extent feasible, garbage storage and pickup shall be handled in a uniform manner and shall be detailed as an obligation and requirement within individual tenant lease agreements. Use and development of any exterior trash areas shall be subject to review and approval by the Planning Director as regards size, location, design and exterior materials. 49. At any time during the effective period of the approval for the short-term exterior storage of boats for customer pick-ups, the approval shall be revocable for cause in accordance with Section 8-90 3 of the Dublin zoning ordinance. PASSED, APPROVED AND ADoPTED this 12th day of August, 1985. AYES: Councilmembers Hegarty, Vonheeder, Jeffery, Moffatt and Mayor Snyder NOES: Mayol~